21053_Guilford Mill Redevelopment_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year CertificationMade:2021Project:
Project Number:
Address:County:Property Owner (In part or whole)/Association:
Read the following LURs and mark each restriction accordingly. Additional remarks may be added for compliance status clarification.Attach any required or supplemental documentation,sign,
notarize and submit to the following address or email:
NC Division of Waste Management
Attn: Brownfields Property Management Unit
1646 Mail Service Center
Raleigh, NC  27699-1646
[e-mail] use may be made of the Brownfields Property other than retail, office, high-density residential, open space, recreation, restaurant, brewery or food
production facility, storage units, parking, industrial, institutional, and, subject to the Department of Environmental Quality’s (“DEQ”) prior written approval, other commercial uses.
For purposes of this restriction, the following definitions apply: “Retail” is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses
and includes showrooms, personal service, and the sales of food and beverage products. For the purposes of the Agreement, retail excludes operations which use chlorinated solvents.

“Office” is defined as the provision of business or professional services.
“High-density Residential” isdefined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories
or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit, and may include related amenities,
such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages
“Open space” is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for storm water.
“Recreation” is defined as indoor and outdoor exercise-related, physically focused, or leisure-related activities, whether active or passive, and the facilities for same, including,
but not limited to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas.
“Restaurant” is defined as a commercial business establishment that prepares and serves food and beverages to patrons.
“Brewery or Food Production Facility” is defined as an establishment for the manufacture, sale and distribution of beverages or food products, including without limitation beer and ale,
together with associated public roadways and related infrastructure.
“Storage unit” is defined as space that is commercially rented on a short- or long-term basis by consumers and businesses for the storage of personal effects, household goods, equipment
and other non-hazardous materials that are in compliance with all other aspects of the Agreement.
“Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same.
“Industrial” isdefined as the assembly, fabrication, processing, warehousing or distribution of goods or materials. For the purposes of the Agreement, this excludes operations which
use chlorinated solvents.
“Institutional” is defined as the use of land, buildings or structures for public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary education
facilities, or health care facilities.
“Commercial” is defined asan enterprise carried on for profit or nonprofit by the owner, lessee or licensee. For the purposes of the Agreement, this excludes operations which use chlorinated
solvents.
In complianceOut of compliance
Remarks:
The Brownfields Property may not be used for child care centers, adult care centers or schools without the prior written approval of DEQ.
In complianceOut of compliance
Remarks:
Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ
in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment
activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property
during construction or redevelopment in any other form, including without limitation:
soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
issues related to potential sources of contamination referenced in Exhibit 2 to the Agreement;
contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); and
plans for the proper characterization of, and as necessary, disposal of contaminated soils excavated during redevelopment.
In complianceOut of compliance
Remarks:
Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ.
In complianceOut of compliance
Remarks:
No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried
out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the
environment, except:
in connection with landscape planting to depths not exceeding 24 inches;
mowing and pruning of above-ground vegetation;
for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair,

or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken and;
in connection to work conducted in accordance with the EMP as outlined in LUR 3.
In complianceOut of compliance
Remarks:
Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in
accordance with an approved EMP as outlined in LUR 3.
In complianceOut of compliance
Remarks:
No enclosed building may be constructed on the Brownfields Property, nor may the existing intact slab be altered in any way, until DEQ determines in writing that:
the building is or would be protective of the building’s users, public health and the environment from risk of vapor intrusion based on site assessment data or a site-specific risk assessment
approved in writing by DEQ;
the building is or would be sufficiently distant from the Brownfields Property’s groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the building’s
users, public health and the environment will be protected from risk from vapor intrusion related to said contamination;
the vapor contaminant levels under the existing intact slab have been assessed to the satisfaction of DEQ based upon a work plan approved by DEQ, or
vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional
seal on a report that includes photographs and a description of the installation and performance of said measures. Any design specification for vapor intrusion mitigation measures shall
be approved in writing by DEQ in advance of installation and/or implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance
of said measures.
In complianceOut of compliance
Remarks:
By January 31 of each one-year anniversary of the effective date of the Agreement, and for as long as physical redevelopment of the Brownfields Property continues (except that the final
deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment-related activities since the last report, with a summary and drawings, that describes:
actions taken on the Brownfields Property in accordance with the EMP required by LUR 3 above;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be
contaminated with regulated substances; and
removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests
shall be included).
In complianceOut of compliance
Remarks:
Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered
into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize
interference with authorized uses of the Brownfields Property.
In complianceOut of compliance
Remarks:
None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of the Agreement and as modified by DEQ in writing if additional
contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ,
except:
in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
as fuel or other fluids customarily used in vehicles, landscaping equipment, and emergency generators; and
as constituents of products and materials customarily used and storedin retail, office, open space, recreation, restaurant, brewery or food production facility, storage units, parking,
industrial, institutional, and commercial environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable
laws.
In complianceOut of compliance
Remarks:
The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants
shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this LUR is waived in writing by DEQ
in advance.
In complianceOut of compliance
Remarks:
Within 60 days, or in accordance with a schedule approved in writing in advance by the North Carolina Brownfields Program (NCBP), after the effective date of the Agreement or prior to
land disturbance activities and after consultation with the NCBP, Prospective Developer shall abandon monitoring wells, injection wells, recovery wells, piezometers and other manmade
points of groundwater access at the Brownfields Property, except those wells the North Carolina Inactive Hazardous Sites Branch requires to remain on the Brownfields Property, in accordance
with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ.  Within 30 days after doing so, the Prospective Developer
shall provide DEQ a report, setting forth the procedures and results.
In complianceOut of compliance
Remarks:
Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as

Exhibit A to the Notice of Brownfields Property recorded in the Wake County land records, Book 17696, Page 919.” A copy of any such instrument shall be sent to the persons listed in
Section XV (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner conveying an interest may use the following mechanisms to comply with the obligations
of this subparagraph:
If every lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu
of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or
The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV.
In complianceOut of compliance
Remarks:
During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized
Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Wake County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Wake County Register of Deeds office and that the land use restrictions are being complied with. The submitted
LURU shall state the following:
the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property
during the previous calendar year;
the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the
previous calendar year;
whether any vapor barrier and/or mitigation systems installed pursuant to LUR 7above are performing as designed, and whether the uses of the ground floors of any buildings containing
such vapor barrier and/or mitigation systems have changed, and, if so, how.
A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted.
In complianceOut of compliance
Remarks:
Notarized signing and submittal of this LUR Update constitutes certification that the Notice of Brownfields Property remains recorded at theCounty Register of Deeds offices and that
the LURs are being complied with.
This LUR Update is certified by, the owner of at least part of the Brownfields Property, or if appropriate another entity on behalf of some or all owners, on this day of, 20.
Name typed or printed of party making certification: [Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)]By:__________________________
(signature)
Name typed or printed:
Title typed or printed:
COUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated: .Date: ___________________________________Official Signature of NotaryNotary’s printed or typed name, Notary Public(Official Seal)My commission
expires: